BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST-2014-

)

for a Certificate of Public Convenience )

and Necessity (Foreign Passenger )

Charter Service) )

_________________________________________ )

APPLICATION OF EASTERN AIR LINES GROUP, INC.

FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Communications with respect to this document should be sent to:

Edward J. Wegel

President and CEO

EASTERN AIR LINES GROUP, INC.

Building 5A, Miami Int’l Airport

Miami, FL 33142

(305) 869-4249

ed.wegel@easternairlines.aero

Edward P. Faberman

Wiley Rein LLP

1776 K Street, NW

Washington, DC 20006

(202) 719-7402

efaberman@wileyrein.com

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817-7500

(202) 747-5212

john@mietuslaw.com

Counsel for EASTERN AIR LINES

GROUP, INC.

APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED 

THROUGH EXPEDITED, NON-HEARING PROCEDURES PURSUANT TO 

SUBPART B OF THE DEPARTMENT’S PROCEDURAL REGULATIONS.

NOTICE: Any person may support or oppose this application by filing an 

answer no later than February 18, 2014 and serving a copy of the answer on 

counsel for Applicant and upon persons served with this application.

January 28, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST-2014-

) January 28, 2014

for a Certificate of Public Convenience )

and Necessity (Foreign Passenger )

Charter Service) )

_________________________________________ )

APPLICATION OF EASTERN AIR LINES GROUP, INC.

FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Pursuant to 49 U.S.C. § 41102 and subpart B of the Department’s 

Procedural Regulations, Eastern Air Lines Group, Inc. (“Eastern”) 

respectfully applies for a certificate of public convenience and necessity 

authorizing Eastern to engage in foreign charter air transportation of 

persons, property, and mail between any place in the United States and any 

place outside thereof. As Eastern wishes to begin passenger operations in 

both domestic and foreign markets in late 2014, it requests that the 

Department process this application expeditiously, using written submissions 

and simplified, non-hearing procedures as contemplated by sections 302.207 

and 302.210(a)(2) of the Procedural Regulations, and proceed directly to a 
Eastern

Foreign Certificate Application

Page 2

final order granting the requested certificate.1 In support of this Application, 

Eastern states as follows:

1. Simultaneously with this Application, Eastern has applied for a

certificate authorizing it to engage in interstate charter air transportation of

persons, property, and mail. Eastern has provided detailed citizenship and 

fitness information in that Application and its Exhibits and Confidential 

Exhibits, and pursuant to 14 C.F.R. § 204.3, Eastern hereby incorporates that 

material by reference in this Application.

2. As discussed in detail in the companion application, Eastern is a 

U.S. citizen and will have the financial strength to insure its ability to

operate passenger charters. Its senior management has the necessary 

business expertise and technical ability to operate international passenger 

flights.

3. Eastern wishes to make A320 aircraft service available to 

charterers either in foreign or domestic U.S. markets. While this flexibility 

requires additional economic authority from the Department, foreign

 

1/ Eastern recognizes that the final order will undergo Presidential review under 49 

U.S.C. § 41307, and it asks that the Department facilitate the prompt completion of 

that review.
Eastern

Foreign Certificate Application

Page 3

operations of the same type and with the same aircraft will not require any 

material changes to Eastern's business systems, finances, or management.2

4. The foreign charter air transportation Eastern proposes is 

consistent with the public convenience and necessity as required by 49 U.S.C. 

§ 41102(b)(2). The Department continues to recognize the Civil Aeronautics 

Board’s finding in Order 78-7-106, The Former Large Irregular Air Service 

Investigation, that there is a continuing demand and need for additional 

charter air carriers. See, e.g., Atlas Air, Inc., Order 2010-5-24, at 1 n.1. 

Moreover, grant of the requested certificate authority is in the public interest, 

as it will allow Eastern to offer charterers new price and service options for 

international passenger transportation.

 

2/ Nor will substitution of foreign service for forecast domestic service cause any change 

in its net fuel consumption, and Eastern has determined that adequate fuel is 

available for this service. To the extent the Department nonetheless concludes that 

grant of the requested authority would constitute a major regulatory action, Eastern

requests that the Department waive the requirement that an Energy Statement 

under 14 C.F.R. Part 313 be prepared.